Amidst the controversy about general health care insurance concerns, the full impact of a less visible provision may have escaped employers’ notice. An array of rules regarding working mothers having the opportunity and place to express breast milk are, unlike most provisions of the bill, effective immediately.
More specifically, Section 4207 of the Patient Protection and Affordable Care Act (PPACA) amends Section 7 of the Fair Labor Standards Act (FLSA) to require employers to provide “reasonable break time” for breastfeeding working mothers for one year after a child’s birth. The new requirement applies to employers of all sizes covered by the FLSA. However, there is a narrow undue hardship defense potentially available to employers with fewer than 50 employees.
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